ORIENTAL INSURANCE CO LTD CHENNAI Vs. KARUNANIDHI

JUDGEMENT

(1.) The Civil Miscellaneous Appeal has been filed by the Insurance Company against the award dtd. 22/10/2013 made in M.C.O.P.No.378 of 2011 on the file of the Motor Accident Claims Tribunal, V Small Causes Court, Chennai. The Cross-Objection has been filed by the 1st respondent seeking enhancement of compensation granted by the Tribunal in the award dtd. 22/10/2013 made in M.C.O.P.No.378 of 2011 on the file of the Motor Accident Claims Tribunal, V Small Causes Court, Chennai.

(2.) The 1st respondent is the claimant in M.C.O.P.No.378 of 2011 on the file of the Motor Accident Claims Tribunal, V Small Causes Court, Chennai. He filed the said claim petition claiming a sum of Rs.10,00,000.00 as compensation for the injuries sustained by him in the accident that took place on 18/12/2010.

(3.) According to the 1st respondent, on the date of accident i.e., on 18/12/2010 at 6.30 a.m., while he was travelling in a car along the ECR Road towards Kalpakkam - Chennai direction, near Mahabalipuram TTDC petrol bunk, the 2nd respondent, the driver-cum-owner of the tempo traveller, which was coming in the back side of the car, drove the vehicle in a rash and negligent manner, hit behind the car in which the 1st respondent was travelling and caused the accident. In the accident, the 1st respondent sustained grievous injuries all over the body and therefore, he filed the above claim petition claiming compensation against the 2nd respondent and the appellant/Insurance Company.